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11 October 2018

High Court Won't Review Invalidation Of EPA Rule for HFCs

OCT 9 2018 - The U.S. Supreme Court on Tuesday refused to take up challenges to the D.C. Circuit’s determination invalidating a U.S. Environmental Protection Agency rule forcing manufacturers to stop using hydrofluorocarbons.

Writing for the majority in a 2-1 decision, then-Circuit Judge Kavanaugh said that while Section 612 of the Clean Air Act does require manufacturers to replace ozone-depleting substances with safe substitutes, hydrofluorocarbons in products such as refrigerators do not deplete ozone, so the agency never had the power to enforce the replacement provision of the rule.

The NRDC for one, argued in its Supreme Court petition that the ruling is contrary to Section 612's “express purpose of replacing ozone-depleting substances with substitutes that reduce overall health and environmental risks.” Allowing it to stand would gut the EPA’s authority, harm the agency’s ability to fight climate change, and disincentivize investments in safer products, which would hurt proactive companies, the green group argued in its petition.
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